Security and law

Re-employment in Luxembourg: priority for ex-employees, parents and more

In this article, we will explain who a company must prioritize in the recruitment process and who can claim this priority under Luxembourg law.

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In Luxembourg, re-employment prioritizes former employees, parents returning from leave, those laid off for economic reasons, and former beneficiaries of an employment initiation contract (CIE) who are now unemployed. This is governed by Article L.332-4 (Re-employment after parental leave) and Article L.125-9 (Employees Laid Off for Economic Reasons) of the Labor Code.

Which employees should be hired first?

In the hiring process, employers in Luxembourg are mandated to prioritize the reemployment of former staff or specific categories of employees whose profiles align with the requirements of the new positions. This approach ensures a focus on individuals with previous experience within the organization or those possessing skills and qualifications tailored to the job specifications.

Granting priority significantly enhances the likelihood of securing employment, as employers cannot choose another candidate with similar qualifications based solely on superior capabilities or aptitude.

Not suitable option

The employer can opt for an alternative candidate only if the prioritized employee is unequivocally unsuitable for the position, and this unsuitability must be demonstrable.

However, while priority increases the chances of employment, it does not guarantee it. If a prioritized candidate lacks essential competencies for the role, the position may not be awarded.

The priority is given to the following categories

Laid off employees
Protection is extended to those facing job loss due to economic circumstances. 
Parents who raised kids
Those who resigned at the end of their maternity or adoption leave to fully dedicate themselves to their child's education. Note that employees resigning after parental leave for reasons unrelated to childcare do not qualify for this priority.
Previously initiated
Former employees who previously worked under an initiation to employment contract (CIE) and are currently unemployed again. 

The procedure for re-employment by priority in Luxembourg

We will now analyze in detail the priority reemployment procedures in Luxembourg, focusing on the three cases in which former employees have priority and examining the key features, procedures and obligations for both the employee and the employer. For each case we will focus on four main points:

Period of recruitment priority

This signifies the duration during which the former employee can benefit from hiring priority.

Informing period and obligations

This pertains to the obligation of the former employee to inform their previous employer to benefit from priority, specifying how they should communicate and the time constraints involved.

Employer notification of vacant positions

This outlines the employer's obligations when a former employee seeks priority.

Employee response period

It addresses the freedom of the worker to accept or reject the reintegration offer from the employer, emphasizing how they should respond to the employer's offer.

Now, let's break down the specifics for each case and take a look at possible documents you might need to apply for priority re-employment.

Employees laid off for economic reasons
Employees resigning at the end of maternity or adoption leave
Former employees under an employment initiation contract
Who is in charge?
National Employment Agency (ADEM)
19, rue de Bitbourg, Luxembourg-Hamm
Free consultations

Frequently Asked Questions (FAQ)

Who qualifies for re-employment priority in Luxembourg?

How long does the period of recruitment priority last for different cases?

What employers must do when a former employee applies for re-employment priority?

Can a former employee be denied re-employment even with priority status?

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We took photos from these sources: Gabrielle Henderson on Unsplash

Authors: Luz
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